08/22/2023 MinutesCI"C�Y t)F
GRAND'� :ISLAND
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City Council Meeting Minutes
Regular Meeting
August 22, 2023
1.
CALL TO ORDER Pursuant to due call and notice thereof, a Regular Meeting of the City
Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City
Hall, 100 East First Street, on August 22, 2023. Notice of the meeting was given in The Grand
Island Independent on August 16, 2023.
Mayor Roger G. Steele called the meeting to order at 7:00 PM. The following City Council
members were present: Maggie Mendoza, Bethany Guzinski, Chuck Haase, Jack Sheard, Mike
Paulick, Mark Stelk, Mitch Nickerson, Jason Conley and Doug Lanfear. Councilmember
Michelle Fitzke was absent. The following City Officials were present: Deputy City Clerk Jill
Granere, Assistant City Administrator/Finance Director Patrick Brown, Assistant City Attorney
Stacy Nonhof and Interim Public Works Director Keith Kurz.
2.
INVOCATION Pastor Jim Reynolds, Berean Bible Church, 4116 West Capital Avenue.
3.
PLEDGE OF ALLEGIANCE
4.
ROLL CALL
5.
SUBMITTAL OF REQUESTS FOR FUTURE AGENDA ITEMS
6.
RESERVE TIME TO SPEAK ON AGENDA ITEMS
7.
PRESENTATIONS AND PROCLAMATIONS
8.
CONSENT AGENDA
Motion by Lanfear, second by Stelk to approve the Consent Agenda. Upon roll call vote, all
voted aye. Motion adopted.
City Council Regular Meeting, August 22, 2023
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Approving Minutes of August 8, 2023 City Council Regular Meeting.
Approving Minutes of August 15, 2023 City Council Study Session.
Approving Request from Grand Island Casino Resort, LLC dba Grand Island Casino Resort, 70Q
E. Stolley Park Road for an Addition to their Class "I-125341" Liquor License.
Approving Payment of Claims for the Period of July 12, 2023 through July 25, 2023 for a total
amount of $7,475,927.94
#2023-194 - Approving Annual Agreement for Financial Software Licensing and Support with
Tyler System Management in an amount of $249,290.75.
#2023-195 - Approving the FY23 JAG Application for GIPD
#2023-196 - Approving Amendment to 2024 Freightliner M2-106 with Hydraulic Rotating
Digger Derrick for Overhead Division with Terex Corp., Watertown, SD in an increased amount
of $59,702.00.
#2023-197 - Approving Bid for PGS Turbine Overhaul 2023 — HP Inner Shell Inspection with
GE Steam Power, Inc., Windsor, CT in the amount of $196,908.00.
#2023-198 - Approving Change Order #1 for Water Main Project 2023-W-1 — 18th Street and
Indiana with Myers Construction, Inc., Broken Bow, NE in a decreased amount of $18,890.69
for a decreased total of $266,487.44.
#2023-199 - Approving Bid for Precipitator, Bottom Ash and Boiler Industrial Cleaning - Fall
2023 Outage with EGM Industrial Solutions, Inc., Valley, NE in an amount of $212,456.71.
#2023-200 - Approving Annual Certificate of Program Compliance to Nebraska Board of Public
Roads Classifications and Standards 2023.
#2023-201 - Approving Amendment No. 3 to Engineering Consulting Services Related to
Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No.
2017-S-4 with HDR Engineering, Inc. Omaha, NE in an increased amount of $16,401.00 for a
revised total amount of $688,851.00.
#2023-202 - Approving Temporary Construction Easement for Claude Road; Faidley Avenue to
State Street; Project No. 2022-P-4 (Richard A Cash, LLG 3704 W 13th Street),
#2023-203 - Approving Change Order No. 2 for North Road- Old Potash Highway to 13t" Street
Roadway Improvements; Project No. 2019-P-6 with Elsbury Construction, LLC, Grand Island,
NE in an increased amount of $152,812.81 for a revised total amount of $2,916,065.64.
#2023-204 - Approving CDBG Subrecipient Agreement #20Z0-3 with Railside Downtown
Business Improvement District.
#2023-205 - Approving Preliminary Plat, Final Plat and Subdivision Agreement for Wildwood
Business Park Subdivision.
9.
PUBLIC HEARINGS
a. Public Hearing on Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue
to State Street; Project No. 2022-P-4 (Richard A Cash, LLC- 3704 W 13th Street).
Interim Public Works Director Keith Kurz reported the Claude Road; Faidley Avenue to State
Street project was for the addition and improvement of several roadways in the City. The project
would allow for improvements to the Diers Avenue corridor intended to control access and
improve traffic performance and safety. Also associated with the project was the potential for
improvements to Highway 281 and 30 corridors adjacent to the other project areas. The project
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City Council Regular Meeting, August 22, 2023
would focus on crating north and southbound left-turn lane offsets as well as right turn lanes to
exit from the highway. This portion of the project would involve potential application ofNDOT
safety funds. Public Works was proposing concrete curb and gutter roadway section along with
sidewalk, traffic control, drainage and all other associated improvements need to complete the
project. A public right-of-way was needed to accommodate the new Claude Road section from
18�' Street, which is currently under construction, to State Street. The property owner has signed
the necessary documents to grant the property. No public testimony was heard.
#2023-206 - Approving Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to
State Street; Project No. 2022-P-4 (Richard A Cash, LLC- 3704 W 13th Street)
Motion by Guzinski, second by Lanfear to approve Resolution #2023-206. Upon roll call vote,
all voted aye. Motion adopted.
b. Public Hearing on Acquisition of Permanent Drainage Easement for Claude Road;
Faidley Avenue to State Street; Project No. 2022-P-4 (Richard A Cash, LLC- 3704 W 13th
Street).
This item was related to the aforementioned Public Hearing 9a. No public testimony was heard.
#2023-207 - Approving Acquisition of Permanent Drainage Easement for Claude Road; Faidley
Avenue to State Street; Project No. 2022-P-4 (Richard A Cash, LLC- 3704 W 13th Street)
Motion by Paulick, second by Lanfear to approve Resolution #2023-207. Upon roll call vote, all
voted aye. Motion adopted.
c. Public Hearing on Establishment of 4th Street Business Improvement District.
Planner I Rashad Moxey reported on December 6, 2022, the City Council set forth a 1 year
appointment, which gave authority to the initial board to create a plan and to define the boundary
of the 4th Street Business Improvement District. The board held public meetings to discuss the
direction of the proposed BID. Members of the Board talked to fellow business owners and
conducted a survey to gather input from businesses. Property owners were also invited to a
meeting to gather input on the area. The Board recommends the creation of the Business
Improvement District. Beautification of the district was the main focus to be accomplished in
year one.
Moxey reported a survey conducted was to identify areas of concern and to gather what types of
improvements they would like to see. The results were as follows:
1. Beautification of 4th Street
2. Attracting and supporting businesses
3. Safety and Security
4. Marketing and Promotion
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City Council Regular Meeting, August 22, 2023
Moxey mentioned the proposed facilities and improvements to be made or maintained included
district beautification facilities. This included but not limited to planters, tree gates, foliage and
flowers, pedestrian areas, streetscape, signage and other attractions. District activities would
include district beautification and maintenance; business retention and recruitment;
district/events promotions; support for paid and volunteer staff and strategic planning and
implementation.
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The board recommended that costs and expenses for the activities proposed within the business
improvement district to be funded through a special assessment against the property. Based on
2022 valuations of the proposed district the cost per $100,000 in valuation would be $352.92 to
raise $40,000. The Board suggested focusing on beautification of the area, recommended an
assessment of $40,000 and would allow for the purchase of benches, trashcans and contracting
for trash removal from public areas. The overall budget included funding from assessments and
funding from outside sources of up to $175,000 of grant funding.
Moxey mentioned City
members:
• Joe Bandasack
• Agustin Sanchez
• Richard Flores
• Reyna Romero
• Kay Grimminger
• Denise Kozel
Administration recommended the approval of the following board
The following were opposed to the 4t" Street Business Improvement District:
• Ron Nitzel
• Jeff Greer
The following spoke in favor:
� Amos Anson
• Laura Gamboa
• Guadalupe Ayala-Montanez
#9941 - Consideration of Approving Establishment of 4th Street Business Improvement District
Motion to suspend the rules was moved by Sheard, seconded by Nickerson. Roll Call: Ayes:
Bethany Guzinski, Jack Sheard, Mark Stelk, Mitch Nickerson, Doug Lanfear, and Maggie
Mendoza. Jason Conley, Mike Paulick, and Chuck Haase voted no. Motion failed.
Motion by Guzinski, second by Sheard to approve Ordinance #9941 (First Reading). Roll Call:
Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Mark Stelk, Doug Lanfear,
and Maggie Mendoza. Jason Conley and Mitch Nickerson voted no. Motion adopted.
d. Public Hearing on Redevelopment Plan — CRA — Redevelopment Plan Amendment
Upper Story Residential Development for Railside and 4th Street Areas in CRA Area #1.
Community Development Director Chad Nabity reported a Redevelopment Plan Amendment for
CRA Area 1 would autharize the CRA to issue grants for upper story residential development in
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City Council Regular Meeting, August 22, 2023
Downtown Grand Island. The CRA Budget included a line item of $200,000 to support the
development of upper story residential development in Downtown Grand Island. The goal of the
program was to encourage the development of 50 new residential units downtown. The program
was intended to continue funding the program for 5 years. Nabity reported the plan does not
authorize the use of TIF, it would only authorize the CRA to make grants of up to $20,000 for
two plus bedroom units and $15,000 for single bedroom units. The grants would apply to new
and existing units with a lirnit of $100,000 per building for existing units. Life safety
improvement included but not limited to fire sprinklers and exiting would be covered by the
funds. Nabity reported the CRA reviewed the proposed development on July 12, 2023 and
forwarded it to the Hall County Regional Planning Commission for recommendation. At their
meeting held on August 2, 2023, the Planning Commission approved the proposed amendment.
Amos Anson spoke in favor.
#2023-208 - Approving Redevelopment Plan Amendment Upper Story Residential Development
for Railside and 4th Street Areas in CRA Area #1
Motion by Haase, second by Guzinski to approve Resolution #2023-208. Upon roll call vote, all
voted aye. Motion adopted.
e. Public Hearing on Redevelopment Plan Amendment CRA Area 7- Lot 5 of Industrial
Foundation Subdivision in the City of Grand Island, Nebraska (PID 400209149) located south of
Schimmer Drive and west of Cobalt Drive in Grand Island - Venator Ventures, LLC.
Community Development Director Chad Nabity reported Venator Ventures LLC was proposing
to develop property south of Schimmer Drive and west of Cobalt Drive for warehousing. They
are proposing a 12,000 square foot spec warehouse. The property was zoned for M2 Heavy
Manufacturing Zone. The property was platted in 2019 by the Industrial Foundation and none of
the lots have been built upon. Staff have prepared a redevelopment plan for the property
consistent with the TIF application.
Nabity reported CRA reviewed the proposed development plan on July 12, 2023 and forwarded
it to the Hall County Regional Planning Commission for recommendation at their meeting on
August 2, 2023 which they approved the proposed amendment.
The following spoke in favor:
• Tyler Dishman
• Mary Berlie
#2023-209 - Approving Redevelopment Plan Amendment CRA Area 7- Lot 5 of Industrial
Foundation Subdivision in the City of Grand Island, Nebraska (PID 400209149) located south of
Schimmer Drive and west of Cobalt Drive in Grand Island - Venator Ventures, LLC
Motion by Guzinski, second by Mendoza to approve Resolution #2023-209. Upon roll call vote,
all voted aye. Motion adopted.
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City Council Regular Meeting, August 22, 2023
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f. Public Hearing on Redevelopment Plan Amendment CRA Area 1- Upper story
residential development at the old Office Net located 315 N. Locust Street (part of Lots 3 and 4
of Block 55 Grand Island Original Town) in Grand Island — EBMT Properties, LLC.
Community Development Director Chad Nabity reported EBMT Properties, LLC was proposing
to redevelop property at the Office Net Building at 315 N. Locust Street for commercial and
residential purposes. They were proposing 5 three bedroom apartments on the second floor and 1
bedroom on the first floor. The remainder of the first floor was being developed for commercial
space. The property was located in Railside and is zoned B3 Heavy Business Zone. A
redevelopment plan for property was consistent with the TIF application.
Nabity reported CRA reviewed the proposed development plan on July 12, 2023 and forwarded
it to the Hall County Regional Planning Commission for recommendation at their meeting on
August 2, 2023 which they approved the proposed amendment.
Jim Pirnie spoke in favor
#2023-210 - Approving Redevelopment Plan Amendment CRA Area 1- Upper story residential
development at the old Office Net located 315 N. Locust Street (part of Lots 3 and 4 of Block 55
Grand Island Original Town) in Grand Island — EBMT Properties, LLC
Motion by Nickerson, second by Mendoza to approve Resolution #2023-210. Upon roll call vote,
all voted aye. Motion adopted.
10.
REQUEST AND REFERRALS
Parking District #3 Budget Overview
Assistant Finance Director Brian Schultz reported on the proposed FY2024 budget for Parking
District #3. Historically the Parking District #3 had assessed enough revenue to cover regular
maintenance and snow removal expenses any given year.
Schultz mentioned that Parking District #3 had not assessed enough funds to cover
reconstruction of all parking lots in the district. For FY22, 23, and 24, the general fund
transferred funds to help facilitate the reconstruction of two lots. Without a significant increase
to the special assessment recommended amount, the practice of subsidizing the Parking District
#3 will continue.
11.
RESOLUTIONS
a. #2023 -211 - Approving Updated Parking Regulations
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City Council Regular Meeting, August 22, 2023
Interim Public Works Director Keith Kurz reported council action was required to designate
parking restrictions on any public streets. Due to new roadway on the Custer Avenue
Rehabilitation Project a modification was necessary to the parking restrictions between the two
traffic signals at 13th Street and 15th Street. Staff recommended approval.
Motion by Nickerson, second by Lanfear to approve Resolution #2023-211. Roll Call: Ayes:
Maggie Mendoza, Bethany Guzinski, Chuck Haase, Jack Sheard, Mark Stelk, Mitch Nickerson,
Doug Lanfear and Jason Conley. Mike Paulick voted no. Motion adopted.
b. #2023-212 - Consideration of Approving Amendment to the Labor Contract between the
City of Grand Island and the IBEW Local 1597 (Utilities Department) Bargaining Unit.
Human Resource Director Aaron Schmid reported an amendment to the labor contract with
IBEW would move the Utility Technician job from non-union to the IBEW Utilities contract.
Staff recommended approvaL
Motion by Guzinski, second by Sheard to approve Resolution #2023-212. Upon roll call vote, all
voted aye. Motion adopted.
c. #2023-213-Approving the Repeal of Board of Equalization for Vehicle Off-Street
Parking District #3
Assistant City Attorney Stacy Nonhof reported on July 25, 2023, the Council approved
Resolution 2023-182 setting a date of September 12, 2023, for Parking District #3. The BOE
hearing would not be able to proceed on this date as the budget for Parking District #3 had not
been adopted yet as it was not a stand-alone budget and it part of the City's overall budget. The
City budget is not scheduled for adoption until September 12, 2023, Resolution 2023-182 must
be repealed. Staff recommended approvaL
Motion by Guzinski, second by Mendoza to approve Resolution #2023-213. Upon roll call vote,
all voted aye. Motion adopted.
d. #2023-214 - Approving FY2023/2024 Fee Schedule
Assistant City Administrator Patrick Brown reported the 2023-2024 Fee Schedule had several
changes from last year's schedule. The changes were due to increasing costs to provide those
services. Staff recommended approval.
Motion by Haase, second by Conley to approve Resolution #2023-214. Upon roll call vote, all
voted aye. Motion adopted.
e. #2023-215 - Approving Management and Operations of Heartland Public Shooting Park
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City Council Regular Meeting, August 22, 2023
Parks and Recreation Director Todd McCoy reported the HPSP had a major positive economic
impact on the City through the tourism visitors generated by tournaments and events held at the
facility. McCoy reported the City's actual costs for operating and maintaining the facility
consistently run at a deficit in the range of $200,000 per year because those positive economic
impacts were not reflected in the operating revenue generated directly by the facility. During the
past eight months, City administration had met with numerous supporters, volunteers and users
of HPSP. Based on the feedback, administration recommended to City Council to follow the
successful model used for Jackrabbit Run Golf course and seek proposals from private operators
to manage and maintain HPSP. Staff recommended approvaL
Steve Hornady spoke in favor.
Motion by Haase, second by Guzinski to approve Resolution #2023-215. Upon roll call vote, all
voted aye. Jack Sheard had a conflict of interest and did not vote. Motion adopted.
12.
ORDINANCES
a. #9938 - Considering Annexation of Property proposed for platting as Wildwood Business
Park Subdivision, an addition to the City of Grand Island located at the Northwest Corner of U.S.
Highway 281 and Wildwood Drive (Final Reading)
Community Redevelopment Director Chad Nabity reported that Wildwood Business Park LLC
had submitted the Wildwood Business Parks Subdivision as an addition to the City of Grand
Island. This subdivision was comprised of 90+ acres of property along the west side of U.S.
Highway 281 north of Wildwood Drive. The proposed subdivision was adjacent and contiguous
with the Grand Island Municipal limits. City sewer and water were both available and the
developer was proposing to extend and connect all of the proposed lots to sewer and water. This
was the first of three readings. Staff recommended approval.
Motion by Stelk, second by Paulick to approve Ordinance #9938 on Final Reading.
City Clerk: Ordinance #9938 on final reading. All those in favor of the passage of this ordinance
on final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
#9939 - Consideration of Approving Salary Ordinance
Human Resources Director Aaron Schmid reported that a Salary Ordinance was presented each
year as part of the budget process. Staff recommended approval.
Motion to suspend the rules was moved by Nickerson, seconded by Sheard. Upon roll call vote,
all voted aye. Motion adopted.
Motion by Nickerson, second by Paulick to approve Ordinance #9939. Upon roll call vote, all
voted aye. Motion adopted.
#9940 - Consideration of Approving Changes to Chapter 39 to allow Cigar Bars
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City Council Regular Meeting, August 22, 2023
Assistant City Attorney Stacy Nonhof reported a request was made to Council on July 1 l, 2Q23,
to allow cigar bars within the City of Grand Island. Amending Section 39-5 would allow cigar
bars as defined in City Code.
Motion to suspend the rules was moved by Guzinski, seconded by Paulick. Upon roll call vote,
all voted aye. Motion adopted.
Motion by Guzinski, second by Conley to approve Ordinance #9940. Upon roll call vote, all
voted aye. Motion adopted.
#9942 - Consideration of Approving Amendments to Chapter 39, Section 4 of the City Code
Assistant Attorney Stacy Nonhof reported Section 39-4 was being amended to prohibit smoking
or vaping in not only any public place, but also within 150 feet of a licensed childcare center or
elementary school and within 10 feet of any non-residential doorways, window openings or
HVAC intakes.
Motion to suspend the rules was moved by Paulick, seconded by Lanfear. Upon roll call vote, all
voted aye. Motion adopted.
Discussion was held in regards to beer gardens and if property owners had been contacted of
possible changes.
Motion by Haase, second by Guzinski to approve Ordinance #9942. Roll Call: Ayes: Chuck
Haase, Mike Paulick, Mark Stelk, Doug Lanfear, and Jason Conley. Maggie Mendoza, Mitch
Nickerson, Jack Sheard and Bethany Guzinski voted no. Motion failed.
13.
OTHER ITEMS
a. Strategy Session to Discuss the Status of IAFF Labor Negotiations
Motion by Paulick, second by Guzinski to go into Executive Session at 9:50 p.m.
Councilmember Haase left due to an emergency.
Motion by Nickerson, second by Stelk to return to Regular Session.
ADJOURN
The meeting was adjourned at 10:30 p.m.
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Jil Granere
Deputy City Clerk
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